Sunraj v. Carounagarane

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRL MP NO. 18702 OF 2025 SUNRAJ S/o.Ashirvatham, Flat No.3A, Durgambal Apartments B-Block, Gopalapuram, Chennai-600 086 Petitioner(s) Vs CAROUNAGARANE S/o.Datchanamoorthy, NO.92, Iyya Mudhali Street, Chindatripet, Chennai600 002 Respondent(s) PRAYER To allow the Criminal Revision and set aside the judgement dated 09.01.2025 in Crl.A.No.365 of 2024 on the file of the XVI Additional Sessions Judge, City 1/5

Civil Court, at Chennai as dismissed for default filed against the judgement of conviction in CC.No.4185 of 2016 order dated 10.04.2024 on the file of the XX Metropolitan Magistrate, Egmore at Allikulam, Chennai CRL MP No. 18702 of 2025 PRAYER To suspend the sentence of imprisonment in the judgement dated 09.01.2025 made in Crl.A.No.365 of 2024 on the file of the XVI Additional Sessions Judge, City Civil Court, at Chennai as dismissed for default filed against the judgement of conviction in C.C.No.4185 of 2016 order dated 10.04.2024 on the fileo f the XX Metropolitan Magistrate Egmore at Allikulam, Chennai and enlarge me on bail pending disposal of the above Criminal Revision petition. For Petitioner(s):

Ms.L.Meena

ORDER

Challenging the impugned order passed by the XVI Addl. Sessions Judge, City Civil Court, Chennai in Crl.A.No. 365 of 2024 as dismissed for default in C.C.No. 4185 of 2016 order dated 10.04.2024 on the file of XX Metropolitan Magistrate, Egmore @ Allikulam, Chennai, the petitioner/accused preferred this Criminal Revision Petition.

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2. Before the appellate court, challenging the judgement passed in C.C.No.4185 of 2016 and to acquit the accused, the petitioner preferred an appeal and the same was dismissed for default, since there is no representation on both sides. Challenging the said findings, now the petitioner preferred this Criminal Revision Petition.

3. The learned counsel for petitioner argues that due to health issues, he is not able to appear on that day and also not able to comply the condition imposed by the trial court, but he is having valid defence to rebut the redemption attached with the dishonour of cheque. Now, he is ready to comply the condition.

4. Heard and considered rival submissions made by learned counsel for petitioner and perused materials available on record.

5. On seeing the facts, it reveals that the appeal was dismissed for default on 09.01.2025 and the original case was filed in the year of 2016, nearly about 9 years the complainant is standing before the court and due to health issues, he is not able to comply the condition. So, to give one more opportunity to defend his case, the order passed by the appellate court in Crl.A.No.395 of 2024 is set aside with a condition that the petitioner shall deposit a sum of Rs.35,000/- to 3/5

the credit of C.C.No.4185 of 2016 on the file of XX Metropolitan Magistrate Court, Egmore @ Allikulam, Chennai within a period of six weeks from the date of receipt of copy of this order. On such deposit, the criminal appeal is ordered to be taken on file. If any deviation in complying the condition, the order passed by this court shall be cacnelled. Accordingly, this Criminal Revision Case is allowed. Consequently, the connected Criminal Miscellaneous Petition is closed.

08-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To

1. XVI Addl. Sessions Judge, City Civil Court, Chennai.

2. XX Metropolitan Magistrate, Egmore @ Allikulam, Chennai. 4/5

T.V.THAMILSELVI J.

rpp CRL RC No. 1975 of AND CRL MP NO.

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